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Vivek Kaul   05 September 2015

Flat seller not returning token amount on deal cancellation

Dear sirs,

 

We have an issue where the seller of the flat is not returning our token amount (rs. 2 lac)paid by cheque (we don’t have receipt /agreement of sale/MoU)

after deal is cancelled as the properly is attached by Sales tax dept.

 

The details are: We identified a resale flat in a cooperative society in Mumbai in Mar-15. Since the seller is based out of Delhi, we spoke to him on phone and fixed the deal in presence of our broker. We also handed over the token cheque of Rs. 2 lacs to our broker to hand over to owner while signing the agreement of sale/MoU. He sent the cheque to owner with draft of agreement of sale. While the owner deposited the cheque, he kept on delaying the agreement to sale and eventually did not send it. later on we came to know that the house has been attached by the sales tax dept for not paying sales tax dues on owner business. We decided to cancel the deal. However the owner is not returning our token amount. Our broker is also not active and is evading responsibility by not even taking our calls. We don’t have any written document/receipt of money with the owner. What is the way out to get our token money back ?



Learning

 4 Replies

HIRAL THAKKAR (ADVOCATE )     05 September 2015

send a legal notice for refund of earnest money on cancellation of contract.

Vivek Kaul   05 September 2015

Mr. Hiral, 

1. we dont have any written document /receipt. Do we need some other proof. Will a cheque paid suffice as a proof

2. Does the broker has some responsibiilty towards this ? Since the cheque was given to him wt understanding to give the owener in exchange of agreement of sale... can we enforce him to support/act  by any means ?

 

Kumar Doab (FIN)     05 September 2015

The unregistered agreement with details of payment inserted in it is also as good as reciept.

You may now approach an able lawyer specializing in such matters and proceed further under expert advise of your lawyer.

 

Your lawyer can advise you on involvment of broker as well.

advocatepassy@gmail.com 971794 (Advocate)     05 September 2015

First file an FIR with the Police against the seller and the broker for cheating.  You had paid by cheque, which itself is a proof enough 


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